Court In Covid Times

The judiciary’s handling of cases relating to mitigation of the common man’s suffering leaves much to be desired.

- V. Venkatesan

The guidelines issued on March 24 on the measures that the Centre and the State/Union Territory governments should take for containment of COVID-19 do not specifically suspend the functioning of judicial services, including courts. The list of exceptions to suspended services too does not include judicial or legal services. Such omission is valid because the executive cannot circumscribe the functioning of the judiciary in deference to the doctrine of separation of powers and the independence of the judiciary.

But that does not mean that the judiciary, on its own, cannot adapt itself to changing times. From March 25, the Supreme Court and the High Courts decided to hear matters involving “extreme urgency” through video-conferencing and e-filing of petitions and affidavits during the nationwide lockdown, which now stands extended till May 3.

But the limited functioning of the courts has hampered their contribution to mitigating the common man’s suffering. The Supreme Court, for instance, is yet to prioritise hearing of pending cases relating to issues such as the repeal of Jammu and Kashmir’s special status under the Constitution, electoral bonds, women’s right to worship at Sabarimala, and the Citizenship Amendment Act. The hearing of such cases would require the court to adopt technology in a big way in order to comply with the physical distancing norms. Currently, there are two virtual courts, each comprising two or three judges, even though the effective strength of the court is 33. But the court’s response to pleas for intervention by or on behalf of those in distress has not been entirely satisfactory.